NCB officers are deliberating whether to file an appeal against Aryan Khan's bail before the Supreme Court. The agency will be taking a legal opinion after examining the Bombay High Court bail order.

The Bombay High Court in a detailed order obserevd that there was prima facie “no evidence” to show that actor Shah Rukh Khan’s son Aryan, his friend Arbaz Merchant and Munmun Dhamecha hatched a conspiracy to commit offence under the Narcotic Drugs and Psychotropic Substances Act for which they were arrested by the Narcotics Control Bureau (NCB) on October 2.

Also, the court said that their travelling on the cruise liner cannot be said to be sufficient ground to invoke conspiracy charges under the NDPS.

The NCB did not recover anything from Aryan, but claimed to have recovered 6 gm and 5 gm of ‘charas’ from Merchant and Dhamecha, respectively.

Justice Nitin Sambre had granted bail to the trio on October 28.

The NCB had heavily relied on the WhatsApp chats between Aryan and Merchant to show that they were involved in an international drug racket.

The investigating agency had also contended that the accused had made a confessional statement before the NCB officer of possessing and consuming drugs. Such a confession amounts to an offence under the NDPS Act, the NCB had argued.

The court had then clarified that such a confessional statement can be considered by the investigating agency “only for the investigation purpose” and “cannot be used as a tool” to infer that the trio committed an offence under the NDPS Act.

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